Fort Union Trading Post Superintendent's Compendium
Fort Union Trading Post NHS Compendium Signature Page.
NPS
National Park Service
Department of the Interior
Fort Union Trading Post National Historic Site
15550 Highway 1804 Williston, ND 58801
701-572-9083 phone
701-572-7321 fax
Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority
Approved:
/s/ Alice Hart, Superintendent Date: 09/01/2021
A. INTRODUCTION
1. Superintendent’s Compendium Described
The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the park administration. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.
The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.
As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.
Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.
A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the national Park System.
2. Laws and Policies Allowing the Superintendent to Develop This Compendium
The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”
In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970, Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.
In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”
In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, than that Superintendent is obliged to place limitations on public use.
3. Consistency of This Compendium with Applicable Federal Law and Requirements
The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866.In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.
The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.
4. Development of the Requirements of the Superintendent’s Compendium
As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
Is there use or activity consistent with the NPS Organic Act and NPS policy?
Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
Will the use or activity conflict with or be incompatible with traditional park uses and activities?
Will the use or activity compromise employee or public safety?
5. Applicability of the Compendium
The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.
6. Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
7. Penalties for Not Adhering to the Compendium Requirements
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or botd shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.
8. Comments on the Compendium
The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.
Written comments on the Compendium may be submitted to:
Alice Hart, Superintendent
Fort Union Trading Post NHS
Williston, ND 58801
9. Effective Date of the Superintendent Compendium
The Superintendent’s Compendium is effective on the approval date listed on the first page of this document, and remains in effect until revised for a period up to one year.
10. Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 54 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Fort Union Trading Post National Historic Site. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.
Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.
I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES
(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:
Visiting Hours:
Visiting Hours:
Summer visiting hours (Memorial Day weekend through Labor Day weekend) are 9:00 a.m. to 5:00 p.m. Central Time for all park grounds including the Bodmer Trail unless otherwise posted.
Winter visiting hours (Monday of Labor Day weekend through Friday beforeMemorial Day weekend) are 9:00 a.m. to 5:00 p.m. Central Time for all park grounds including the Bodmer Trail unless otherwise posted.
Closures:
Any road, roadway, or area of Fort Union National Trading Post National Historic Site closed by a sign or gate is closed to public motor vehicle use, except as authorized in Section 1.6 Permits.
Determination: The park road leading to the NPS Maintenance Shop is closed to public access to provide for public safety due to the frequent travel and/or use of heavy machinery, tools, and equipment by NPS personnel.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Covid-19 Mitigation:
Regardless of vaccination status or local community transmission levels, all individuals over the age of two must wear masks, except when actively eating or drinking, in all common areas and shared workspaces in federally owned buildings administered by the National Park Service and in office space leased by the National Park Service.
Federally owned buildings administered by the National Park Service' include, but are not limited to, visitor centers, administrative offices, maintenance facilities, and shared government quarters; buildings assigned to concessioners or other park partners; and buildings leased for commercial purposes to individuals or entities other than the National Park Service.
Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.
Regardless of vaccination status, all individuals must comply with all orders regarding masks issued by the Centers for Disease Control and Prevention (CDC).
CDC prevention measures continue to apply to all travelers on public transit, regardless of vaccination status. Masks remain required on all forms of public transit that operate within parks, including busses, trains, and boats/ferries, and in transportation hubs.
Determination: COVID-19 spreads mainly from person to person through respiratory droplets. Masks are a simple barrierto help prevent respiratory droplets from reaching others. Masks can prevent the spread of the disease even when the wearer is not sick. This is because several studies have found that people with COVID-19 who never develop symptoms(asymptomatic) and those who are not yet showing symptoms (pre-symptomatic) can still spread the virus to other people. It is especially important to wear a mask indoors with people you do not live with and when you are unable to stay at least 6 feet apart because COVID-19 spreads mainly among people who are in close contact with one another.
Camping:
Please refer to §2.10 for detailed camping area designations.
Determination: The park does not have potable water or restroom facilities which would be required for a regularly used campground.
Bodmer Trail:
Use of the Bodmer Trail is restricted to pedestrian traffic only. Hikers may not leave the designated and NPS maintained trail, to prevent trespass on adjacent private property.
Determination: The NPS owns a right-of-way through private property to allow visitors access to the Bodmer Overlook via the designated Bodmer Trail. The path is unimproved and safely provides for foot traffic only. Access is to be restricted to the NPS maintained trail surface. It does not allow any additional access to or use of the adjacent private property.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
Segways:
Segways and motorized scooters, as defined in 36 CFR 1.4 are motor vehicles.
Pursuant to 36 CFR 1.5 (a) and 4.10(a), the park has imposed a restriction on the use of Segways and motorized scooters from all areas within the park including all park roads, trails, and sidewalks and walkways.
However, any park visitor with a disability is permitted to use a Segway or motorized scooter in the park, including in structures and facilities, and on sidewalks and paved walkways, when such devices are used for the sole purpose of mobility assistance. Use of any mobility assistive devices, as outlined above, must also adhere to the following:
No person under 16 years of age may operate a Segway.
A person shall operate any mobility assistive device in a safe and responsible manner; maximum speed will not exceed more than 8 mph (“Segway sidewalk/Intermediate” key), so as not to endanger one’s self or any other park visitor.
A person riding any mobility assistive device upon and along a sidewalk or walkway, while crossing a roadway in a crosswalk, or on any other surface shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistive device operator must always yield to pedestrians (park visitors).
Determination: Segways provide a reasonable mobility alternative for those who would otherwise be unable to visit the park village sites, or find it difficult to visit the village sites due to personal mobility limitations.
Electric Bicycles (e-bikes):
The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals andan electric motor of less than 750 watts (1 h.p.).
E-bikes are allowed in Fort Union Trading Post National Historic Site where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e- bike without pedaling is prohibited.
A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5).
Except as specified in this Compendium, the use of an e-bike within Fort Union Trading Post National Historic Site is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.
Determination: The parks intent is to allow e-bikes to be used for transportation and recreation in a similar manner to traditional bicycles. Except on park roads and other locations where use of motor vehicles by the public is allowed, operators may only use the power provided by the electric motor to assist pedal propulsion of an e-bike.
Passenger Carrying Buses and Other Motor Vehicles
Buses and other motor vehicles are prohibited from idling their engines morethan five minutes when parked in parking lot or interpretive areas.
Determination: Idling vehicles create noise and unhealthy pollutants which interferes with the park’s ability to give programs outside near these locations. The Superintendent may make exceptions from this depending on outside weather conditions and locale of planned activities.
Unmanned Aircraft, Balloons, Kites, and Remote Controlled Cars
Launching, landing, or operating an unmanned aircraft, balloons, kites and remote controlled cars from or on lands and waters administered by the National Park Service within the boundaries of Fort Union Trading Post National Historic Site is prohibited except as approved in writing by the Superintendent.
Definition: Unmanned Aircraft (UA) - The term "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce.
Determination: The use of unmanned aircraft within the boundaries of Fort Union Trading Post has the potential to harm visitors, disturb wildlife, impact view sheds, cause excessive noise, and interfere with other visitors’ enjoyment of the area. This type of activity is completely foreign to the historic nature that the park tries to present in order to interpret the historic setting of this park.
Filming Activities
The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
Outdoor filming activities [outside of areas managed as wilderness] involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras. The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:
maintain public health and safety;
protect environmental or scenic values;
protect natural or cultural resources;
allow for equitable allocation and use of facilities; or
avoid conflict among visitor use activities.
If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.The following are prohibited:
Engaging in a filming activity without providing advance notice to the Superintendent when required.
Engaging in a filming activity without a permit if the activity takes place in areas managed as wilderness or if the Superintendent has notified the organizer in writing that a permit is required.
Violating a term and condition of a permit issued under this action.
Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.Determination: Filming activities that involve more than five people and hand carried equipment need to be evaluated to determine if the proposed activity may cause issues with public safety, environment or scenic values, damage to natural or cultural resources, conflict with other visitors and equitable use and access to park areas.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
(f) The following is a compilation of those activities for which a permit from the Superintendent is required:
§2.4(d) Carry or possess a weapon, trap, or net (excluding legal firearms)
Weapons may be possessed on all park grounds pursuant to existing State of Montana and North Dakota laws. Weapons are prohibited within allgovernment buildings including the interior of the palisade walls of the fort.
During park sponsored special events including “Fort Union Rendezvous”, “Living History Weekend”, “Engage Christmas”, and other events approved by the Superintendent, persons may possess unloaded, historically accurate weapons under the terms of a permit issued by the Superintendent.
Weapons must be unloaded and historically accurate to the time period when FOUS was an active trading post. Weapons can be defined as traditional weapons that Native Americans and European settlers may have used i.e. bow and arrows, atlatls, spears, muskets etc.
All persons in possession of a weapon in the park must also be registered with Fort Union Trading Post NHS as an approved presenter or as a volunteer.
Determination: Weapons of this nature were routinely carried when the fort was active and allowing living history presenters and volunteers to carry these weapons helps create the historic atmosphere of the time period. To provide for public safety, weapons will remain unloaded and only demonstrated under specific guidance as dedicated by the park Superintendent. Weapons that are not historically accurate will be prohibited.
§2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)
§2.10(a) The following camping activities:
Camping is allowed during park sponsored special events including “Fort Union Rendezvous”, “Living History Weekend”, “Engage Christmas”, and other events approved by the Superintendent. Note: Camping without a permit is prohibited in Fort Union Trading Post National Historic Site.
§2.12 Audio Disturbances:
(a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51
§2.37 Soliciting or demanding gifts, money goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)
§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events
§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views
Only groups over 25 require a permit.
§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
§2.62 Memorialization:
(b) Scattering ashes from human cremation
§5.5 Commercial Photography/Filming:
(b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising. Audio recordings which meet requirements which necessitate a permit as outlined in 36 CFR 5.5(b).
§5.6(c) Use of commercial vehicles on park area roads
III. GENERAL REGULATIONS
36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(b) Hiking or pedestrian traffic is restricted to the Bodmer Trail as listed in Section 1.5 of this document.
36 CFR §2.2 - WILDLIFE PROTECTION
(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
Lawfully taken and tagged wildlife may be transported through the park on all park roads including the park entrance road, the park housing access road, ND Hwy 1804 and MT Hwy 327.
An animal, lawfully shot on neighboring lands, that runs into the park may be retrieved if the animal is dead or mortally wounded following notification of and investigation by a Park Ranger. If the injured animal rises and moves away upon being approached by the Park Ranger, the animal will be considered healthy enoughto survive and further pursuit will be prohibited. Commissioned Park Rangers may euthanize a severely injured animal and allow the properly licensed hunter to tag andclaim the animal. No engine-driven mechanical equipment such as a winch, hoist, all-terrain vehicle, etc. may be used to retrieve the animal. With the approval of a Park Ranger, street legal and licensed motor vehicles may be driven on park roads thatare not open to public use in order to transport the animal out of the park
(e) The viewing of wildlife within all areas of the park using an artificial light is prohibited.
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
(a)(2)(i) Weapons (excluding legal firearms), traps, or nets may only be carried, possessed or used at the following designated times and locations:
Weapons may be possessed on all park grounds pursuant to existing State of Montana and North Dakota laws. Weapons are prohibited within all government buildings including the interior of the palisade walls of the fort.
Persons may carry and possess unloaded, historically accurate weapons during park sponsored special events including “Fort Union Rendezvous”, “Living History Weekend”, “Engage Christmas”, and other events approved by the Superintendent, under the terms of a permit issued by the Superintendent.
All presenters or volunteers in possession of a weapon in the park must also be registered with Fort Union Trading Post NHS as an approved presenter or as a volunteer.
36 CFR §2.10 – CAMPING and FOOD STORAGE
(a) The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:
Camping is authorized only during park sponsored events including “Fort Union Rendezvous”, “Living History Weekend”, “Engage Christmas”, and other events approved by the Superintendent. All persons camping in the park must be registered with Fort Union Trading Post NHS as a volunteer and or a participant of a park sponsored event.
Camping is limited to areas designated by the Superintendent during park sponsored events and under the terms of a permit issued by the Superintendent.
36 CFR §2.11 – PICNICKING
Conditions for Picnicking:
Picnicking is allowed anywhere that doesn’t disturb wildlife or cultural sites.
36 CFR 2.13 – FIRES
(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:
Designated Areas:
Fires are permitted in park-provided grates or self-contained cooking units at park provided picnic tables locations. The dumping of hot or cold coals is prohibited. Fires may be restricted during times of high to extreme fire danger.
Determination: the dumping of coals and ashes is considered a fire hazard and also may lead to misidentification of archeological site cooking hearths.
Fires are permitted in areas designated by the Superintendent during park sponsored special events including “Fort Union Rendezvous”, “Living History Weekend”, “Engage Christmas”, and other events approved by the Superintendent.
Fires are only allowed in the area north of the fort, in the rendezvous camp.
Established Conditions for Fires:
All persons using fires during park sponsored special events must be registered withFort Union Trading Post NHS as a volunteer or sponsor.
Fires are prohibited during very high fire danger and/or as posted.
Fires are only permitted for cooking.
36 CFR §2.15 – PETS
(e) Pets may be kept by park residents under the following conditions:
Pets are not allowed in seasonal park quarters.
36 CFR §2.16 – HORSES and PACK ANIMALS
(b) The use of horses or pack animals is allowed on the following trails, routes or areas:
In areas designated by the Superintendent under the terms of a permit for a park-sponsored special event.
Horses and pack animals are allowed on the Bodmer Trail during visiting hours.
(g) Other conditions concerning the use of horses or pack animals:
All persons with horses and pack animals in the park must be registered with Fort Union Trading Post NHS as a volunteer or a park sponsor.
36 CFR §2.18 – SNOWMOBILES
Snowmobile operation is prohibited
36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:
Park employee residential area.
36 CFR §2.21 – SMOKING
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
Smoking is prohibited in all government owned or leased vehicles and government buildings with the exception of permanent employee quarters. Smoking is also prohibited where posted, and along trails during periods of high, very high, and extreme fire danger as posted according to the park’s Fire Management Plan.
Determination: Smoking is prohibited in all government vehicles and buildings, except permanent employee residential quarters, to comply with government-wide health and safety policies. Smoking is prohibited where posted during high fire danger in order to protect park resources and reduce the risk of fire.
36 CFR §2.5 – RESEARCH SPECIMENS
Collection of research specimens will be allowed only in conjunction with approved research collection permits or First Amendment rights as defined in 36 CFR 2.5. Written research proposals and collection requests must be submitted to the Superintendent with applications, allowing a minimum of 30 days for staff evaluation and consideration.
Permits will not be issued if removal of the specimen would result in damage to other natural or cultural resources, adversely affect environmental or scenic values, or if the specimen is readily available outside of the park.
Permits authorizing the killing of plants, fish, or wildlife can only be issued after approval of a written research proposal and determination that the collection will not result in derogation of park values or the purposes for which the park was established and that the collection has the potential for conserving and perpetuating the species collected.
36-CFR §2.38 – EXPLOSIVES
(b) Fireworks and firecrackers may be possessed and/or used in the following area, under the conditions noted:
Park residents are authorized to light sparklers on the Fourth of July, only in the government housing area, and only on cement sidewalks or pavement, and in accordance with North Dakota state law and Williams County, ND laws or regulations.
36 CFR §2.51 – PUBLIC ASSEMBLIES AND MEETINGS
Permits are required for any public assemblies, meetings gatherings or other public expressions of opinion within the park in excess of 25 people. Written applications for permits must be submitted to the superintendent at least 3 days prior to the date desired for the event.
The primary public assembly area is the north end of the sidewalk that leads to the Missouri River, where this sidewalk joins the main sidewalk from the parking area.
The secondary public assembly area is at the bus shelter, near the phone where visitors can request a ride up to the fort.
36 CFR §2.52 – SALES OR DISTRIBUTION OF PRINTED MATTERS
Permits for this type of activity will be issued by the Superintendent. Written applications must be submitted to the Superintendent at least 7 days prior to the date desired for commencement of the activity.
36 CFR §2.62 – MEMORIALIZATION
(b) A permit is required for the scattering of ashes from cremated human remains, or in the following designated areas without a permit, in accordance with the following terms and conditions:
The remains to be scattered must have been cremated and pulverized.
The scattering of remains from the air is to be performed at a minimum altitude of 2000 feet above the ground.
No scattering of remains from the air is to be performed over developed areas, facilities, or bodies of water.
36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES
(a) Park roads open for travel by motor vehicle are those indicated below, and/or as indicated in the following publication or document (attached hereto):
All roads shown on the Fort Union Trading Post NHS Map and Guide including: Hwy 1804 and MT Hwy 327 are open for travel at all times unless closed by Williams County, ND or Roosevelt County, MT officials.
The park entrance road is open the same hours as the park visitor center.
The park road leading to the maintenance shop is not open to the public, but is open for administrative uses.
Areas designated for demonstrations and/or the sale or distribution of printed matter
NOTE ON CLOSED CIRCUIT TELEVISION USE IN THE PARK
In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Fort Union Trading Post National Historic Site uses Closed Circuit Television (CCTV) security camera monitoring.
The NPS’s use of CCTV for law enforcement and security purposes and will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist activity; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals.
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer worn recording devices used by commissioned rangers.
Operation of CCTV cameras will be in accordance with NPS and Department policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views.
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.
